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I. CHANGES IN THE 2011 BAR EXAMINATIONS A. FIRST APPROVED CHANGE: REDEFINE COVERAGE The current practice is to define the coverage of the bar exams by naming the laws that each subject will cover. For example, in Civil Law the coverage is – 1. The Civil Code of the Philippines 2. The Family Code 3. The Domestic Adoption Act 4. The Inter-Country Adoption Act 5. The Property Registration Decree, 6. Conflict of Laws 7. Supreme Court decisions touching the above Everybody insists that questions in bar exams, to be reasonable, must stick to the “basics.” But does the above list tell you the “basics” of Civil Law? It does not. The description of coverage by just naming the law is too general. Examiners and students are unsure of what questions to expect. Consider some examples from past bar exams: True or False. The Howey Test states that there is an investment contract when a person invests money in a common enterprise and is led to expect profits primarily from the efforts of others. 1% Would you have predicted this kind of question? Another example: In several policy addresses extensively covered by media since his appointment on December 21, 2005, Chief Justice Artemio V. Panganiban vowed to leave a judiciary characterized by “four Ins” and to focus in solving the “four ACID” problems that corrode the administration of justice in our country. Explain this “four Ins” and “four ACID” problems. 2.5% Would you have anticipated this? Here is another one: Where is the seat of the International Court of Justice? 1% How many are its members? 1 % What is the term of their office? 1 % Who is its incumbent president? 1 % What is his/her nationality? 1 % Is this basic in public international law? Does knowing the answers qualify one to practice law? Why did these kind of questions creep into the bar examinations? It is because there has been no prior attempt to determine what constitutes the basics of law practice. In the past, particularly the pre-war era, there were only a few laws and jurisprudence making it unnecessary to define the basics of law practice. But our laws and jurisprudence have since grown
like this: MERCANTILE LAW x x x Intellectual Property General provisions Patents Trademarks Copyrights x x x The description is too general.P. rather than say that the exam will cover the Constitution of the Philippines. lest these be asked in the bar exams. in Political Law. . Examinees are forced to memorize trivial details. The test for including a topic or sub-topic in the coverage of the bar exams is whether it covers laws. it will name the important topics and sub-topics under the Constitution. Fear of the unknown dissipates the energies and time of candidates and takes them away from the really important and basic matters. After all. these new definitions of coverage will be disseminated early to enable the current fourth year law students to focus their review on what is basic and stay away from the non-essentials. It would be unreasonable to assume that all the provisions of the Intellectual Property Code may be regarded as basic materials for beginning practitioners when their potential clients’ rights are affected only by a few of such provisions. To address this need. principles and rulings that a new lawyer needs to know to begin his practice. Law Center is convening the country’s leading reviewers and lecturers to draw up a proposed coverage of the 2011 bar exams per law subject by topics and sub-topics. The U. the objective of the bar exams is to determine who among law graduates are fit to practice law.enormously. Thus: POLITICAL LAW Bill of Rights Equal Protection Meaning Valid Classification Substantial distinctions Relevance to purpose Duration Applicability to all Double Jeopardy Valid Complaint Competent Court Valid Plea Termination of case Prosecution’s appeal Same offense Supervening event Inseparable offenses Even the description of coverage by topics and sub-topics cannot be too generalized. coverage shall be drawn up by topics and sub-topics rather than by just stating the covered law. doctrines. When approved. The Intellectual Property Code has 241 sections that include administrative matters. Describing coverage by enumerating the laws has made the determination of what is basic a hazardous guessing game. For example.
Applied to the bar exams. no problem. This cannot hit a significant cross-section of such law. And to fairly practice law. 3. The MCQ type of exam has of course the following disadvantages: 1. 2. 5. The mood of the correctors and their varying levels of attentiveness jeopardize judgment and unfairly influence grading. SECOND APPROVED CHANGE: MEASURE KNOWLEDGE OF LAW AND ITS APPLICATIONS THROUGH MCQ EXAMS The mandate of the Constitution is for the Supreme Court to promulgate rules concerning admission to the practice of law. Correctors scan the answers rather than read to appreciate them. is required for a correct choice of answer. 3. The desire to squeeze in as many essay questions as possible (10 items with 5 to 7 sub-items) has compelled examinees to give sloppy and quickie answers. Does the existing essay-type of bar exams correctly measure the bar examinee’s level of knowledge of the law and its applications? Many have complained that the essay type of exams suffers from the following problems: 1. It is not a reliable gauge of true or ideal knowledge. the first approved change: Redefine Coverage.Thus. only 20 questions could ideally be asked for a 4-hour exam in all of civil law. 4. Multiple choice questions (MCQs) type of exam is a method of choice for qualifying professionals. the advantages of MCQs. like a lawyer knowing the circumference of the earth. An eloquently presented but incorrect answer could gain a good mark. It permits a wider scope of topics since the examiner can ask as many as 100 questions in a 1 ½ hour exam. including lawyers. in the United States and all over the world because of their proven reliability. can be overcome by exercising care in drawing up MCQs and by providing for a mix of MCQ and essay types of exams. The bar exams shall test the examinee’s working knowledge of the law and its applications. understanding. The Supreme Court’s duty then is to establish by rules the means for determining who may be admitted to the practice of law. Be capable of practicing it. The key word is “working” as distinguished from “idle” knowledge or knowledge for the sake of knowing. These disadvantages. Furthermore. are weighty: 1. not memorization. 4. however. B. The bar exams follow the essay-type classroom model. Hand writing. Since the answers are given. Mastery of subject is encouraged because of the difficulty of distinguishing between a correct and a nearly-correct answer. 5. helping schools adopt remedies. the result can be known in one or two days. gaps in knowledge can be easily identified. and 2.000 notebooks have to be corrected in 5 months. 6. . 2. Uniformity and fairness in correction is not assured because about 6. Since correction can be done by scanning machine. It does not measure communication skills. Example: 10 questions in a 2-hour exam in Property. on the other hand. Correction is objective since every question has one definite answer. Developing well-constructed MCQs is time-consuming and difficult. fine reasoning and creative thinking. 2. Great emphasis is placed on identifying the examiner to narrow down the guessing on questions that will be asked. Since questions are straightforward. 3. Know the law and its applications. the examinee should: 1.
The law schools undertake to prepare their present fourth year students for these kinds of exams in 2011. Multiple Choice Questions that will measure the examinee’s knowledge of law and its applications. Exams of this kind in the classrooms are encouraged to prepare the students for the bar exams. To summarize. Redefine coverage. but for the quality of the examinee’s legal advocacy. Determining whether the examinee has the basic skills required in the practice of law is just as important. beginning in 2011. MULTIPLE CHOICE QUESTIONS IN THE 2011 BAR EXAMS 1. the Supreme Court shall give separate essay-type of exams dedicated to determining the examinee’s lawyering skills. the bar examinations shall be of two kinds: 1. He will be presented with one or two legal-dispute situations in each law subject. Thus. . and persuading his reader to his point of view. Thus. These changes are the product of consultations with the law schools. 8 examiners will be assessing the examinee’s lawyering skills. PREPARING FOR THE MCQ BAR EXAMINATIONS A. sorting out the relevant facts. 3. constructing his arguments. it is not enough for the Court to find out if an examinee knows the law and its applications. The passing standard for correction will be work expected of a beginning practitioner. We have a Resolution from the Philippine Association of Law Schools fully endorsing these changes. It will not be graded for technically right or wrong answers. But it will be valid only to the extent that it can reach this objective. THIRD APPROVED CHANGE: LAWYERING SKILLS ESSAY EXAM Of course. identifying the issue or issues. Their collective judgment ought to minimize the subjectivity of the correction. assisted by experts. Measure knowledge of law and its applications through MCQ exams. The skills exams will help measure depth of learning and true intelligence. II. What makes a good MCQ exam? The multiple choice questions (MCQs) should be able to measure the level of the examinee’s preparedness for the work of a lawyer. Essay-Type exams that will measure the examinee’s lawyering skills. He will then prepare a paper. for the side of the dispute that he chooses to uphold or defend. not a seasoned lawyer. C. Dedicate essay-type exams to measuring lawyering skills. Thus. the three approved changes are: 1. the second approved change: measure knowledge of law and its applications through MCQ Exams. organizing his thoughts. will monitor and evaluate the construction and selection of appropriate MCQs.The bar exams team. Since this kind of exam will be given in all subjects. the third approved change: dedicated essay-type exams to measuring lawyering skills. and 2. Thus. 2. This will test the examinee’s skills in writing in English. like a memorandum or a decision. a major stakeholder in bar exams.
(distractor) C.1 Prepare the STEM of the MCQ item. and c. (correct choice) The others will be incorrect but plausible options called “distractors. Congress. It is an option that can mislead an examinee who is unsure of his answer. (distractor) The stem may be presented either as a question— Who determines the jurisdiction of courts? (stem) Or an incomplete statement— The jurisdiction of courts are determined by (stem) The stem must present a clear and specific problem. the Supreme Court. If you provide patently wrong options. The jurisdiction of courts are determined by – (stem) A. His ability to analyze legal problems and provide solutions to them (40%). (correct choice) B. The jurisdiction of courts are— (this stem does not present a problem) Improved: The jurisdiction of courts are determined by—(this asks who determines the jurisdiction of courts) A. C. (distractor) D. . Parang pwede rin pero mali. The Court Administrator. Preparing an MCQ item. you practically give away the answer. The jurisdiction of courts are determined by – (stem) A.” What is a PLAUSIBLE option? It is an option that appears to be correct and acceptable.2. which presents the problem – The jurisdiction of courts are determined by – (STEM) Add to the STEM a list of possible options or answers. His ability to understand the meaning and significance of the law and its basic principles (40%). Congress. the Judicial and Bar Council. B. Thus. the question fails to assess the examinee’s knowledge and ability. Of these options. D. The Judicial and Bar Council. b. Weight given to each law subject: Political Law Labor Law Civil Law Taxation Mercantile Law Criminal Law Remedial Law Legal Ethics/Forms — — — — — — — — 15% 10% 15% 10% 15% 10% 20% 5% 3. 4. The examinee’s knowledge of the law and its basic principles and his ability to recall them (20%). Congress. only one will be correct. the Court Administrator. The Supreme Court. What specific competences will the MCQs measure? a.
5 years from its ratification. 16 (distractor) This will test the examinee’s knowledge of what the legal majority age is and his ability to recall such fact. 21 (distractor) B. when must a contract comply with the Statute of Frauds? When by its terms it is to be performed beyond A. a year from its making. When you want to find out if the examinee knows a specific law or principle. MCQ: Who may solemnize marriage anywhere in the Philippines? A. Thus: Proposition: The majority age begins at the age of 18. write down such specific law or principle as your “proposition” or the subject matter of your MCQ. 20 (distractor) C. A military commander *** Proposition: To be enforceable. 5 years from its making. A Court of Appeals justice C. Thus: The majority age begins at the age of (stem) A. Then add 3 distractors and mix it with the correct option. a year from its ratification. The first part of your proposition will be your STEM while the second part will be your correct answer.B. D. 18 (correct option) D. B. a contract must comply with the Statute of Frauds when by its terms it is to be performed beyond a year from its making. A ship captain D. Knowledge and recall. MCQ: To be enforceable. THE THREE COMPETENCES MEASURED BY MCQS 1. *** Proposition: The Revised Penal Code may be enforced outside the jurisdiction of the Philippines when one commits a crime against national security. A Consul-general B. Here are other examples of “knowledge and recall” MCQs: Proposition: A Court of Appeals Justice may solemnize marriage anywhere in the Philippines. MCQ: . C.
C. A. MCQ: A warrantless search is valid when the search is made by at the home of a known smuggler. When preparing an MCQ item on the examinee’s “UNDERSTANDING” of a specific law or principle. MCQ: What vote is required for Congress to submit to the electorate the question of calling a constitutional convention? A. D. policemen at a COMELEC checkpoint. To test the examinee’s understanding of “warrantless search. a customs officers This item tests the examinee’s understanding of what a warrantless search means.” he is required to choose from the four options the situation that comes under such concept. The bar exams will devote only 20% of all MCQ items to this kind of MCQs. A vote of two-thirds of a quorum. A knowledge and recall item is easy to prepare since it evolves from a simple statement of a provision of law or a legal principle. D. one commits an offense on any ship or airship. B. It is sheer memorization. But this skill is the lowest in the ladder of skills for new lawyers. B. For example: Proposition: A warrantless search is valid when the search is made by policemen at a COMELEC checkpoint. anti-drug enforcers. This kind of MCQ is a grade more difficult to prepare but measures a higher level of ability than just knowledge and recall. Understanding A higher level of skills for a beginning practitioner is understanding. A “warrantless search” is search made of persons or properties without a judicial search warrant. C. This type tests whether the examinee truly understands a specific law or principle. 2. A majority vote of all its Members. D. B. one commits a crime against national security. A vote of two-thirds of all its Members. *** Proposition: Congress may submit to the electorate the question of calling a constitutional convention by a majority vote of all its Members. one introduces into the Philippines any counterfeit coin. NBI agents looking for a bomb at a mall. a public officer enters into a bigamous marriage. begin by writing down your proposition – the matter you want to turn into an MCQ. C. A majority vote of a quorum.The Revised Penal Code may be enforced outside the jurisdiction of the Philippines when A. And he can show this if he can correctly relate the law or principle to specific situations. For example: Proposition: .
a good intention. D. He must choose the situation that comes under such concept. a pre-emptive blow. B. MCQ: Which of the following constitutes antecedent collateral evidence of a bank robbery that several accused committed? A. MCQ: Real or object evidence is authenticated by showing A. C. a counter blow. similar or like objects. a retreat from aggression. that it is what it is claimed to be. The act of the lookout during the robbery. C. laches. B. pardonable. B. . B. who owns it. C. How does “knowledge and recall” differ from “understanding?” Example: Knowledge and Recall A justifying circumstance makes an act A. An “antecedent collateral evidence” proves a past event to show the likelihood of a subsequent event taking place. This item tests the examinee’s understanding of a concept in Evidence. The kinship among them. (merely restates the law) D. exempt from criminal liability. how the evidence got to court.An “antecedent collateral evidence” of a bank robbery that several accused committed would be the kinship among them. Understanding A justifying circumstance is exemplified by A. B. prescription of actions. (illustrates meaning) D. three degrees less severe . The fingerprints on the teller’s counter. *** Proposition: An uninterrupted possession for a statutory period of time without the need of just title and good faith are requisites for extraordinary acquisitive prescription. The amount missing from the bank’s vault D. non-criminal. MCQ: An uninterrupted possession for a statutory period of time without the need of just title and good faith are requisites for A. C. Other examples that test “understanding”: Proposition: Real or object evidence is authenticated by showing that it is what it is claimed to be.
Lulu. a Filipino citizen. this was a bar exam item a few years back. Now add your distractors as alternate options. It is since Philippine law does not operate in Canada. the answer to the problem and the reason for such answer: Sonny. Another example: Proposition: A person walks into a police station and declares that he has committed a crime before the police could take him into custody. and (c) solve the same. It is not since Philippine law binds Filipinos abroad and it does not permit divorce.C. B. a Filipino citizen. Lulu. 3. obtained a divorce in Canada from his wife. (the applicable rule) If you analyze this. Lulu. as one of your options. extraordinary acquisitive prescription. also a Filipino citizen. D. ordinary acquisitive prescription. which is binding upon Filipinos wherever they may be. May his declaration be admitted against him? A.) You then add to your stem. does not permit absolute divorce. varying their locations: MCQ: Sonny. also a Filipino citizen. Is the divorce valid and binding? (This will be your stem. Analysis and Solution Here. Is the divorce valid and binding? A. begin by stating your chosen proposition. C. you test the examinee’s ability to (a) analyze a given problem. obtained a divorce in Canada from his wife. obtained in a divorce in Canada from his wife. It is not since Philippine law is recognized in Canada. it is a typical essay-type exam with the answer and reason given here. The bar exams will devote 40% of all MCQ items to questions that test the examinee’s understanding of the law. For example: Proposition: Sonny. (the answer and short reason for it) MCQ: A person walks into a police station and declares that he has committed a crime before the police could take him into custody. May his declaration be admitted against him? (the problem) Yes since what is inadmissible are statements the accused made while under custodial investigation before he could be forewarned of his rights. a Filipino citizen. (b) determine the law or principle that applies to such problem. Is the divorce valid and binding? (facts of the problem) It is not. thus: Sonny. To construct your MCQ. D. Actually. Lulu. No since he has not been forewarned of his rights to silence and to counsel. also a Filipino citizen. also a Filipino citizen. You can convert it into an MCQ item by using the facts of the problem as your STEM. It is since international law demands local recognition of foreign acts. Is the divorce valid and binding? It is not since Philippine law binds Filipinos abroad and it does not permit divorce. a Filipino citizen obtained a divorce in Canada from his wife. (answer to the problem) The reason is that Philippine law. .
MCQ: A couple named their son Mario Lopez. witnessed by a friend. Yes since he made his declaration before he could be taken into custody and investigated. Note that. correct his gender but not his name. a very old woman executed a will. thinking it looked better. *** Proposition: A decision states that the defendant is entitled to moral damages but its dispositive portion did not carry an award of moral damages. The city civil registrar has authority to: A. orders the defendant to pay moral damages of P5. Due to old age she thumbmarked the will instead of signing it.B. But a confused clerk at the hospital registered his name as Maria Lopez and his gender as female. of lack of sufficient witnesses. the notary public notarized the will. The cousin did not see this because his eyes were on a painting that hanged on a nearby wall. C. But a confused clerk at the hospital registered his name as Maria Lopez and his gender as female. Finally. Yes since he freely gave his declaration to the police. indorse the case to court. D. A friend. D. D. B. *** Proposition: In a case. and a notary public came to witness the will. the friend signed at the right margin. The will is invalid because A. MCQ: In a case. No since he has entered the police station and came within its jurisdiction. and a notary public. a cousin. Is the will valid? The will is invalid since it is a must that it be attested and subscribed by three or more credible witnesses in the presence of the testator and of one another.000. a cousin. MCQ: . C. however. correct his name but not his gender. Must he comply? He does not need to comply since it is the dispositive portion of the decision that controls. C. B. a very old woman executed a will. the testator failed to subscribe the will. the cousin looked away just as the friend was signing the will. The writ of execution. correct his name and gender. in the above. Does the civil registrar have the authority to correct the child’s name and gender on the birth certificate? No since the law authorizes administrative correction by the civil registrar only of clerical or typographical error in an entry and/or change of first name or nickname. Proposition: A couple named their son Mario Lopez. the stem or the facts of the problem also embodied the distractors. The friend signed the pages on the right margin.
however. moral ascendance C. deceit B. 3.000. The number of options may vary but. The examination shall devote 40% of all MCQ items in the bar exams to analysis-and-application type of MCQs. foreplay B. B. Yes since the body of the decision contains the justification for it. The main stem should clearly inform the examinee regarding what the problem is before he reads his options. the offense took place. 2. however. force or intimidation. Poor: A criminal action must be filed in the place where A. strive for moderate MCQs. making them too close to the correct answer. POINTERS IN THE CONSTRUCTION OF MCQS 1. The distractors should be plausible. force or intimidation. D.3 A good way to create distractors is to think of ways an examinee can possibly go wrong. four options would be ideal. Yes since the writ of execution affirms it.000. C. the accused was apprehended and detained. condom D. The examiner can adjust the difficulty level of a test item by simply changing the distractors. for the purpose of the bar and classroom exams. on the average he would get 25% correct answers. a sure failure. the offended party resides. This would give only a 25% probability of guessing the right answer.A decision states that the defendant is entitled to moral damages but its dispositive portion did not carry an award of moral damages. Thus: Poor: Rape is sexual intercourse with the use of A.2 You should. the preliminary investigation took place.4 . the offended party resides. Must he comply? A. No since it is the dispositive portion of the decision that controls. intrigue D. C. B. viagra C. 4. orders the defendant to pay moral damages of P5. Improved: A criminal action must be filed in the place where A. The writ of execution. No since the plaintiff needed to pay docket fee on the P5. D. Improved: Rape is sexual intercourse with the use of A. the offense took place. not obviously wrong. If the examinee sticks to guessing. C. the witness resides. D. C. the accused resides. B.
by anti-drug enforcers. C.5 Poor: A warrantless search is valid A. Yes since the reenactment was voluntary. firearms. Yes since the reenactment was unaccompanied by any statement from the suspects. violates his right against self-incrimination. to reenact how they committed the crime. by policemen at a COMELEC checkpoint for illegal D. D. 6. Poor: The police nabbed two robbery suspects after a police informer fingered them. No since it amounts to waiver of right to silence without the advice of counsel. constitutes a valid police investigation procedure. No since it is irrelevant evidence. when the search is made by anti-drug enforcers. accompanied by the press. when the search is made by customs officers at the home of a known smuggler. Was the reenactment admissible evidence? A. is valid conditioned on his being identified at the trial.Poor: The act of the police in placing the accused in a police line-up – (this statement of the stem by itself does not present a clear problem) A. the police officers succeeded in convincing the suspects to go with them to the scene of the crime. when the search is made for a bomb at the mall by the NBI. C. You can do this only if you make your MCQs simple. B. the stem contains too many unnecessary data. Do not complicate a problem with unessential facts. D. Photos were taken. violates his right to counsel. clear and short. D. B. Why is this poorly writen? Since only the “reenactment” is being questioned. by customs officers at the home of a known smuggler. violates his right to counsel. B. During the investigation. constitutes a valid police investigation procedure. 5. C. B. C. is valid conditioned on his being identified at the trial. Improved: A warrantless search is valid when it is made A. by the NBI for a bomb at the mall. Include as much of the data in the stem and keep the options as short as possible. C. Include in the stem only the facts needed to make the problem clear. Improved: . when the search is made by policemen at a COMELEC checkpoint.6 Irrelevant materials in the stem cause confusion. Improved: The act of the police in placing the accused in a police line-up without his prior consent— (this now presents a clear problem) A. B. One of the advantages of MCQs is that you can ask many questions to cover a good cross-section of a subject. violates his right against self-incrimination. D.
the Court would not have acquired jurisdiction over the case.The police nabbed two robbery suspects whom they convinced during the investigation to go with them to the scene of the crime to reenact how they committed it. 8. B. Improved: The bank deposit secrecy law bars all inquiries into a bank deposit. Be sure that the choices you provide has only one correct answer that experts would generally agree on. on motion in a bribery case. Cases where the money involved is subject of litigation. Is the reenactment admissible in evidence? A.8 In their desire to make distractors plausible. the Court would not have acquired jurisdiction over the case. Yes since the reenactment was voluntary. Avoid using the negative in the stem since it often confuses the examinee. however. there is no actual case or controversy that justifies such a review. the separation of powers demands respect due the other departments. C. Cases of bigamy. it would prejudice the administration of justice. C. Give no unintentional clues. be looked into A. B. be creative in using the negative in the problem.9 Poor: . In the latter cases. Cases of impeachment. D. B. B. it would prejudice the administration of justice. No since it amounts to waiver of right to silence without the advice of counsel. No since it is irrelevant evidence. C. Cases involving bribery. C. D. Capitalize the negative word to emphasize it.7 Poor: The Supreme Court will NOT entertain a constitutional question UNLESS it is determinative of the case itself because A. Which of the following does NOT belong to the exceptions? A. after prior notice to the depositor. Yes since the reenactment was unaccompanied by any statement from the suspects. A deposit may. But it allows exceptions. C. D. Improved: The Supreme Court will entertain a constitutional question only if it is determinative of the case itself because A. in cases of impeachment. B. D. upon court order in annulment of marriage cases. the separation of powers demands respect due the other departments. 9. *** Poor: The bank deposit secrecy law bars all inquiries into a bank deposit. D. But the negative is justified when it tests his knowledge or understanding of exceptions to rules. some writers would include more than one correct answer or choices that remain unsettled among experts and authorities. 7. there is no actual case or controversy that justifies such a review.
12. what is proved and presumed are reasonably connected. the law is not retroactive. It also encourages questions with no correct answers. A law providing for dual citizenship. B. Improved: The right to be presumed innocent is NOT violated by a law that establishes a presumption of guilt based on a certain fact proved provided that A. admissible as part of res gestae. 11. while Option B is on undue deprivation of property. D.” just use another distractor which will enhance the quality of the question. inadmissible as a mere opinion. the burden of proving his innocence is shifted to the accused only when there is a reasonable connection between the fact proved and the fact presumed from it. admissible as independently relevant statement.11 . “Sinaksak daw ni Susan ang asawa niya!” Unfortunately (a clue to a negative answer). Avoid the options: none of the above or all of the above. Avoid grammatical inconsistencies. C. the issues in the action are joined. D. A law authorizing warrantless searches by customs officials. the defendant receives the complaint. the accused has a chance to overcome it. A law revoking all permits to carry firearms outside of one’s residence. Rico’s declaration is – A. Option A is on Section 22 of Article VI Legislative Department. the filing of the action. D. C. C. C. not a hodge-podge of several legal principles. B. Instead of “none of the above.To prove that Susan stabbed her husband Sergio.12 It gives the impression that the examiner could not create another distractor. B. Poor: Which of the following laws is unconstitutional? congressional hearings upon A. Pete testified that he heard Rico running down the street. B. Make your questions topic specific.10 Poor: The law that will determine jurisdiction over a particular case is the law in force at the time of A. the cause of action accrued. inadmissible as hearsay. shouting excitedly. Asking which law is unconstitutional could cover any topic in Constitutional law. C. 10. B. the nature of the crime committed permits a reverse presumption. Poor: The right to be presumed innocent is NOT violated by a law that establishes a presumption of guilt based on a certain fact proved provided that A. Avoid length clues. the accused has ample opportunity to overcome the adverse presumption. the nature of the crime permits it. D. 13. D. the law is not retroactive. A law requiring cabinet members to attend all proper notice.
The practice of law is a right in the sense that a lawyer cannot be prevented from practicing law except for valid reasons. with a bit of reconstruction (like changing a few details of the stem and making . We are targeting not less than 1. and 3. Which of the following best describes the statements above? A. Example: I. the second set being a mere rearrangement of the first. leaving you with only the one or two essays to correct. To prevent copying between seatmates when the room is full prepare two sets. especially those who are currently teaching review subjects. B. A law prohibiting the sale of cigarettes to young men and women ages 18 to 25. Require your students to mark their answers on the test questionaire itself so you can be sure that they return all the MCQs to you after they have finished. The choices should be coherent in order to test an examinee’s knowledge on a particular topic. Both statements are true. A law imposing rent control. C. we invite you to send to the Supreme Court the MCQs you have prepared and used for your classes. Constructing MCQs is not difficult once you get the hang of it. We suggest that you add ten MCQs to what you already have with each new semester until you are able to build up a big collection of MCQs. Do not use “modified” true or false questions. D. The practice of law is a privilege because it is limited to persons of good moral character with special qualifications duly ascertained and certified. D. None of the statements are true. POINTERS IN IMPLEMENTING MCQ EXAMS IN THE CLASSROOM We encourage you. The MCQs you will send will give the Committee a reference for determining items of interest in the academe. And. Personally monitor the printing and xeroxing of your MCQs so no excess copies could be made. You need to acquaint your students with the changes in the bar examinations that begin in 2011. to use both types of exams (MCQs and essays) for your classes. II. Take the following precautions: 1. esentially as reference for developing bar exam MCQs. and distribute them alternately to students on the same row.000 MCQs per bar subject for the 2011 bar exams. D. A law prohibiting the use of motor vehicles on certain days of the week. We will choose 100 MCQs per subject for the tests. Only statement I is true. and one or two essay-type problems. If you use MCQs. A trusted clerk can correct the MCQs. A law prescribing minimum standards for the practice of the engineering profession. Secure all used and unused question sheets for subsequent destruction.Option C is on rights against warranless search and seizures and Option D is on citizenship. eventually to grow to 70 to 80. B. 2. Students have the tendency to stash away a copy of your exams and build up a collection for future use. For a classroom examination we suggest that you start with at least 40 to 50 MCQs. Only statement II is true. correcting test booklets will no longer be the great burden that it used to be. 14. You don’t want them surprised and unprepared. We will place these in a secure Central Depository of MCQs. C. They are time consuming and accomplishes little. To prepare for the 2011 bar exams. Improved: Which is unconstitutional for being an invalid exercise of police power? A.
A month ago. It will cover one or two legal-dispute situations for which the examinee will be required to write a paper. Actually. 20 “understanding” items. the test might read like this: Instructions: Below is a hypothetical legal dispute. we will issue you a certificate as expert. Make a summary of the conflicting claims of the parties. So I panicked and jumped from the fence to the ground. I really thought he was serious and would not make such a dangerous joke. and 20 “analysis and solution” items. Do not write more than 4 arguments. James remarked to me that a policeman was coming towards us. But. 10 years old.alterations in the distractors). Pick out the facts that are relevant to such issues. after school. -------------------------Alex sued Julio for the injury that his son Andy suffered through the fault of James. and b) Prepare a trial memorandum in support of your position. State the issues on which the resolution of the dispute will depend. I could not forget it. I was quite terrified. is aimed at measuring the examinee’s lawyering skills. The fence was rather tall. This will qualify you to lecture on the subject and place you in the list of potential bar examiners for the 2011 bar exams and beyond. On July 7. III. Andy made the following statement: I am Andy. because we never had a joke like it before. making them fair materials for the bar examinations. It was quite painful. James and I climbed and walked on top of it. Prepare the arguments against the opposing side and the arguments in support of your own. no policeman had shown up at all where we were playing but James wanted to make fun of me. your prayer. the essay type. On that afternoon of July 7. I jumped from an adobe fence at the back of our barangay hall and fractured my left leg. For example. We even swapped toys when we were bored with what we had. a grade four student. We will evaluate these and. . I had been told that policemen could put misbehaving children in jail. Suggestions: a) b) c) d) e) Read the problem and get a sense of what the issues are. and f) End with the relief you want. Julio resisted the action. We always played together. first grade. trying to balance ourselves as we went. a) Choose the side of the dispute that you want to uphold and defend. PREPARING FOR ESSAY LAWYERING SKILLS EXAM The second part of the bar exams. in Civil Law. Someone called the barangay captain and he took me to the hospital in a taxicab. 10 “knowledge and recall” items. such MCQs can acquire altered appearances. We had previously done this when nobody was around and we enjoyed the thrill of the heights. in MCQ construction. I am Alex’s son. while James and I were walking the fence. We suggest that you send us at least 50 MCQs in the subject you teach. if you get it right. I have a classmate named James.
The day was cloudy and cool. You will not be graded for a technically right or wrong answer but for the quality of your legal advocacy. Time pressure is a part of the exam. and insertions to your satisfaction. I walked with great difficulty and could not go back to school for at least one week. not a seasoned lawyer. I made this statement at my dad’s request. We knew from what our parents have been telling us. He is a caring father and always showed concern for his children. When Andy jumped from the fence at the back of the barangay hall on the afternoon of July 7 and appeared hurt. This will permit you to freely edit your work. ABAD Associate Justice . We walked on top of the fence and we enjoyed the thrill that it offered. The passing standard for correction will be work expected of a beginning practitioner. 10 years old. I immediately went down and called for help. The barangay chairman came and had Andy taken to the hospital. however. even when at times these games became a little rough. For his part. I did not expect Andy to be scared by what I said. Still. your notebook will be collected whether you are finished or not. Andy and I went together a lot and often played the games that young boys enjoyed. I also made a joke and said that a policeman was coming towards us when this was not true. and a grade four student. Andy teased me this time when I walked the fence. One short bell will warn you that you have 20 minutes left. This was of course not true because I was not afraid at all. Julio for the injury and pain that I suffered. that we should be careful not to get hurt or to hurt others. I made this statement because my dad. It itched a lot afterwards. What happened on the afternoon of July 7 was that we both climbed the fence after school. Alex. saying how slow and afraid I was. The test is intended to measure your skills in: a) Communicating in English — 20% b) Sorting out the conflicting claims and extracting those facts that are relevant to the issue or issues in the case — 15% c) Identifying the issue or issues presented — 15% d) Constructing your arguments and persuading your reader to your point of view — 50% The essay-type exam will help measure depth of learning and true intelligence. Andy is my classmate and best friend.Our teacher once said that James and I were good boys. she said. -------------------------Additional suggestions: It will be best if you can prepare a draft of your work on blank sheets that you have been provided. My dad’s name is Julio. we are growing boys and we had previously climbed the fence at the back of the barangay hall before. But we were somewhat full of play. wants to file an action against James father. It took a month before they removed the cast and I still walk awkwardly with a slight pain to this day. She had previously caught us playing games inside the classroom and sent for our parents. I did not want Andy to get hurt at all. I stayed in the hospital for three days and the doctor had to put a cast on my leg. erasures. The school was quite strict in the matter of order and discipline inside the campus. When the bell rings twice to signal the end of the exam. When Andy’s turn came. Just make sure that you leave at least 20 minutes or so for transferring your work to your examination notebook. ROBERTO A. making marks. James made the following statement: I am James.
1977. Measurement and Evaluation in Psychology and Education. Ibid. Ibid. Ibid. Ibid.2011 Bar Exams Chairman 1 2 3 4 5 6 7 8 9 10 11 12 Dr. Leticia Asuzano. Ibid. .M. Ibid. R. Compendium for PRC Board Examiners citing Thorndike. How to Construct Multiple Choice Items. Ibid. Ibid. Ibid. New York. Ibid. Ibid. Prentice-Hall. New York.